Defamation: Comparative Law and Practice

Abstract

This book, Defamation: Comparative Law and Practice, investigates defamation law and litigation practice in Australia, England and the US through original empirical research. It focuses on two themes. The first examines the central role that a publication's meaning plays in defamation law and practice, especially in England and Australia. The second considers the ways in which media speech is protected by qualified privilege in England and Australia, and by the constitutional rules that have developed since New York Times v Sullivan in the US.

Based on extensive interviews with expert litigators and analysis of court files, the book provides legal analysis and empirical context that is relevant to understanding important recent changes to defamation law, which have occurred in a number of Commonwealth countries, and compares them with the central constitutional developments to US defamation law since the 1960s. It provides a detailed explanation of key issues that are most often at stake in defamation disputes in each country. The contents and introductory chapter are available here. Further information is available at the author's home page.

Keywords: Defamation/Libel, Media Law, Comparative Law, Empirical Legal Studies

JEL Classification: K13, K41, K10, N40